If you are a victim of domestic violence, you should know that you are not alone and that you are not powerless. Many people in California face abuse or threats of abuse from people they once trusted. Many people are stalked, harassed, and physically abused by a family or household member. This can make you feel unsafe in your home or scared to go about your everyday life. If you are in such a situation, a Domestic Violence Restraining Order (DVRO) may be the lifeline you need. At Okwuosa Pulliam Law Group, we understand that the decision to seek a restraining order can feel overwhelming. Perhaps you are worried about retaliation, don’t know how to go about the process, or are scared about facing your abuser in court. Again, you are not alone! We are here to guide you and give you peace of mind.
What is the Meaning of “Abuse?”
Domestic violence is defined as abuse perpetrated against another person. But what exactly is “abuse?” The California Domestic Violence Protective Act (DVPA) defines this term broadly. According to the law, abuse includes;
- Molesting
- Striking
- Sexually assaulting
- Harassing
- Stalking
- Battering
- Threatening
- Disturbing the peace of the other party
The definition under the DVPA also includes non-physical forms of abuse that cause emotional distress to the victim.
If any of the above actions are making you or your child feel unsafe, you have the right to seek protection by filing a restraining order.
What is a Domestic Violence Restraining Order?
A Domestic Violence Restraining Order is an order issued by the court that is meant to protect you from abuse or threats of abuse from someone close to you.
Under California law, a DVRO can be granted against several family and household members, including;
- Child(ren)
- Parent
- Sibling
- Grandparent
- Domestic partner
- A current or former spouse
- The parent of your child
In other words, a DVRO is against someone,
- You have dated
- You have been intimate with
- You are married to
- You live with or have lived with
- You share a child with
- You are closely related to
Types of Restraining Orders in California
There are three types of Domestic Violence Restraining Orders in California.
- Emergency Protective Order (EPO)
This type of DVRO is available 24/7 and is requested by a law enforcement officer at the scene of the incident. If a judge believes there is an immediate and present danger, they will issue an EPO, which goes into effect immediately. Usually, an EPO lasts for about 5 to 7 days.
- Temporary Restraining Order (TRO)
You must file paperwork and request a Temporary Restraining Order. Once you turn in your request to the court, a judge will decide quickly whether to grant the order. Then a future hearing will be set to determine if you need a long-term restraining order. A TRO lasts until the hearing is held.
- Final Restraining Order/Permanent Restraining Order
Despite the name, this order is not actually permanent. A Final Restraining Order (FRO) can last up to five years. However, if necessary, it can be renewed. Usually, this order is granted after a formal court hearing in which both sides present their cases.
What Protections Do DVROs Provide?
A Domestic Violence Restraining Order can provide a wide range of protections, including the following;
- Ordering the abuser to stay away from your home, workplace, or school
- Prohibiting the abuser from committing acts of violence or making threats
- Prohibiting all forms of contact, including calls or texts
- Ordering the abuser to move out of the house
- Ordering the abuser to turn in any weapons
A DVRO can also provide you with temporary custody and support for your minor children.
The Process of Obtaining a DVRO in California
Navigating the process of seeking a DVRO can feel overwhelming. Below, we break down this process in a simple way.
- Document the Abuse
Start by documenting the abuse. Keep all the texts, emails, pictures, medical records, or police reports. Even a personal journal with dates and details of what happened can help support your case.
- Complete and File the Necessary Paperwork
Your next step is to fill out court forms like the DV-100 (Request for Domestic Violence Restraining Order), which tells the judge which order you are seeking and the form of abuse suffered, and file them.
- Review of the Petition
A judge will review your TRO request quickly and decide whether or not to issue the order. A TRO can be issued “ex parte,” meaning the other party does not have to be notified or present.
- Serve the Other Party
Once the order has been granted, the restrained party must be formally served with a copy of all court papers, including notice of the full hearing. This is a crucial step that must be properly documented.
- Court Hearing
After around three weeks, the final hearing will be held. At the hearing, the judge will review the evidence presented by both sides and determine whether or not to grant a Final Retraining Order.
Having a skilled protective order attorney by your side is vital. An attorney can ensure your forms are completed correctly, organize evidence, and help present your case effectively.
Take the First Step Toward Safety Today
Deciding to seek a Domestic Violence Restraining Order is a very courageous step. We understand the challenges victims face, such as fear of retaliation, and commend you for being brave. While you are not legally required to have an attorney to seek a DVRO in California, it is highly advisable that you retain legal counsel. Remember, the other party might have a lawyer, and it is only right that you have someone to advocate for you, too. Also, an attorney can prevent you from making mistakes that can jeopardize the protection you need. Our Los Angeles Protective Order attorney at Okwuosa Pulliam Law Group can help you navigate this journey with empathy and strong legal support. We are here to listen, support you, and advocate for the protection you need. Contact us today for a case evaluation.
